I am based in Canada and looking into an unresolved matter in Punjab. A general POA was made allegedly by my father (Fname Singh Lname) assigning his nephew full powers to a property. The asignee sold it to his uncle for a paltry amount. I noticed that in the footer of the document, under the title 'Albad' the name is different than my father's, but the property in question is my father's - which is odd! Father's name on POA: Fname Mname Lname "Albad" name on Sale document: Fname Mname DifferentLname. In this case, is the transaction valid? Can it be challenged in court, and voided because the assignor is shown as different?
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If the power of attorney deed was executed by your father in favor of the power agent and if it was executed by a registered deed then it cannot be challenged now for the reasons stated by you.
What is the opinion of your father.
If the power agent has not settled the sale consideration amount to your father then he can take action for recovery of the same.
You can file suit to set aside sale of property and for revocation of POA
Allegedly done under coercion
- If the said POA is registered in the name of nephew with the clause of right to transfer the property on his behalf , then he can enter into an agreement for selling the property on behalf of your father.
- Since, he has already sold that property to third party, then your father can file a Declaration & Injunction suit before the Court for cancelling the sale deed and to restrain him to further sell the property .
Dear Client,
The mismatch of your father’s name in the POA and Sale Document and the invariably lower sale price at which the land was sold to the assignee’s uncle raises concerns about their validity. Under these grounds you can challenge the validity of the POA and sale Transaction. Firstly, obtain the Certified copies of the POA and the Sale Document from the relevant authorities in Punjab. secondly, file a civil suit in the appropriate court in Punjab to challenge the validity of the POA and the sale transaction. As part of the civil suit, you can request the court to cancel the sale transaction and restore your father's ownership of the property and seek compensation as well for the loss incurred. Consulting a lawyer is advisable for better representation of your case. Should you require any further clarification, please do not hesitate to contact us.
You can challenge but only on basis of name it may not be a watertight case
